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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. CV-24-2041
Regular Panel Decision
Jan 15, 2026

In the Matter of the Claim of Wendy Wagner

Wendy Wagner sustained work-related injuries in 1977, eventually classified with a permanent total disability. After denials of medication requests in 2022-2023, she sought a medical exemption from the Medical Treatment Guidelines and Drug Formulary. A Workers' Compensation Law Judge (WCLJ) denied her request, stating a 33-year-old agreement for treatment by a non-coded physician was outside Board jurisdiction. The Workers' Compensation Board affirmed this decision, finding no authority to compel the carrier to pay for non-coded medical providers and that other issues were not ripe. Wagner's subsequent application for reconsideration and/or full Board review was denied. The Appellate Division affirmed the denial of reconsideration, limiting its inquiry to whether the Board's denial was arbitrary and capricious or an abuse of discretion, finding no such abuse. The court also noted that many issues raised were not properly presented to the Board initially.

Workers' Compensation ClaimPermanent Total DisabilityMedical Treatment Guidelines ExemptionDrug Formulary ApplicationReconsideration DenialFull Board ReviewAppellate DivisionJurisdiction DisputeNon-coded Physician PaymentPrior Agreement Validity
References
14
Case No. ADJ7319186 (MF) ADJ7320878
Regular
Oct 26, 2018

WENDY BOYD vs. CASTAIC UNION SCHOOL DISTRICT

This case concerns a dispute over temporary total disability (TTD) benefits for Wendy Boyd against the Castaic Union School District. The Workers' Compensation Appeals Board (WCAB) granted both parties' petitions for reconsideration. The WCAB rescinded previous findings and remanded the matter to the trial level to further develop the record regarding TTD benefits. Specifically, the WCAB requires evidence addressing whether the employer recouped TTD payments from the applicant's sick leave/vacation time, as this issue was inadequately addressed by the trial judge.

WCABPetition for ReconsiderationSupplemental Joint FindingsTemporary Total Disability (TTD)Labor Code section 4656Agreed Medical Evaluator (AME)Continuous TraumaAOE/COERecoupmentSick Leave
References
3
Case No. ADJ1608897
Regular
Feb 05, 2015

XIOMARA ROMERO vs. WENDY'S RESTAURANT, FARMERS INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by an applicant against Wendy's Restaurant and Farmers Insurance Company. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. The Board dismissed the petition for reconsideration because it failed to state valid grounds. Therefore, the petition is officially dismissed by order of the Board.

Petition for ReconsiderationDismissalReport and RecommendationAdministrative Law JudgeWorkers' Compensation Appeals BoardWendy's RestaurantFarmers Insurance CompanyFailure to State Grounds
References
0
Case No. ADJ9445538
Regular
Oct 05, 2017

WENDY LEUNG vs. HUNTINGTON MEDICAL FOUNDATION, SUBSEQUENT INJURIES BENEFIT TRUST FUND

The Workers' Compensation Appeals Board denied Wendy Leung's petition for reconsideration of the administrative law judge's decision. The judge found no substantial medical evidence to support a subsequent compensable industrial permanent disability claim sufficient for benefits from the Subsequent Injuries Benefit Trust Fund (SIBTF). Leung contended she met SIBTF eligibility by claiming a prior $43\%$ permanent disability, a subsequent injury, and a resulting combined disability exceeding $70\%$. However, the Board agreed that Leung failed to prove industrial causation for her subsequent injury with reasonable medical probability.

Subsequent Injuries Benefit Trust FundLabor Code Section 4751cumulative injurypermanent disabilityreasonable medical probabilityindustrial causationapportionmentQualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)Workers' Compensation Appeals Board (WCAB)
References
2
Case No. ADJ6888108
Regular
Aug 15, 2013

WENDY PARUSZKIEWICZ vs. AMERICAN MEDICAL RESPONSE; ACE AMERICAN INSURANCE, Adjusted by SEDGWICK CMS

This case involves an applicant, Wendy Paruszkiewicz, and defendants American Medical Response and ACE American Insurance. The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed from a non-final, interlocutory order. Such interim procedural rulings, concerning evidence or trial setting, do not determine substantive rights and are therefore not subject to reconsideration. The petition for removal was also denied as no irreparable harm or prejudice was shown, nor was reconsideration deemed an inadequate remedy.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityAdministrative Law JudgeReport and RecommendationSubstantial PrejudiceIrreparable Harm
References
10
Case No. CV-24-2041
Regular Panel Decision
Jan 15, 2026

Matter of Wagner v. Bobley Publ. Corp.

Claimant Wendy Wagner sustained work-related injuries in 1977, leading to a classification of permanent total disability in 1991. Following denials of her medication requests in 2022-2023, she sought a medical exemption from the Medical Treatment Guidelines and Drug Formulary. A WCLJ and subsequently the Workers' Compensation Board denied her requests, asserting lack of authority to compel the carrier to pay for non-coded medical providers. Wagner appealed the Board's denial of her application for reconsideration and/or full Board review. The Appellate Division affirmed the Board's decision, limiting its review to whether the denial of reconsideration was arbitrary and capricious, concluding there was no abuse of discretion.

Workers' Compensation LawMedical Treatment GuidelinesDrug FormularyReconsideration DenialFull Board ReviewAppellate ReviewPermanent Total DisabilityVocational RehabilitationPain ManagementNon-coded Physician
References
14
Case No. 2025 NY Slip Op 02445 [237 AD3d 1500]
Regular Panel Decision
Apr 25, 2025

Matter of Cooper (Roswell Park Comprehensive Cancer Ctr.)

This case involves an appeal from an order that vacated an arbitration award concerning the termination of a registered nurse, Wendy Cooper, from Roswell Park Comprehensive Cancer Center. Cooper was terminated for failing to comply with a COVID-19 vaccine mandate, which was later declared null and void in an unrelated case. The arbitrator, however, upheld Cooper's termination based on the collective bargaining agreement. The Supreme Court vacated the arbitration award, reinstating Cooper, finding it irrational and against public policy. The Appellate Division reversed the Supreme Court's order, confirming the arbitration award. It held that the Supreme Court erred in vacating the award, as petitioners failed to prove it violated a strong public policy or was irrational under CPLR 7511 (b), reaffirming the limited scope of judicial review for arbitration awards.

Arbitration AwardVacaturPublic PolicyIrrationalityCOVID-19 Vaccine MandateEmployment TerminationCollective Bargaining AgreementCPLR Article 75Appellate ReviewJudicial Review Limitation
References
9
Case No. VNO 0434512
Regular
Jun 02, 2008

WENDI WAGNER, WENDI WAGNER BREDDAN vs. LAW OFFICES OF MICHAEL THOMAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT COMPENSATION INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award, finding the applicant sustained industrial injury causing $69\%$ permanent disability, not $86\%$. This adjustment stemmed from a re-evaluation of the medical expert's opinion regarding work restrictions, particularly concerning environmental factors like light and noise. The Board concluded that the expert's intent was to restrict exposure to excessive bright lights and noise, rather than a completely silent, dark room, which led to the revised rating.

Workers' Compensation Appeals BoardIndustrial InjuryAggravation of Chronic Pain SyndromePermanent DisabilityApportionmentAgreed Medical ExaminerFibromyalgiaWork RestrictionsDisability Evaluation UnitReconsideration
References
0
Case No. STK 0190920 STK 0192593
Regular
Apr 25, 2008

WENDY V. JOHNSON vs. SAVE MART

The Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of a January 31, 2008 decision. This action is necessary to allow the Board further time to fully study the factual and legal issues presented. The Board intends to issue a just and reasoned decision after this thorough review.

Workers' Compensation Appeals BoardPetition for ReconsiderationSave MartPermissively Self-InsuredApplicantOpinion and OrderStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationReconsideration Unit
References
0
Case No. ADJ702260 (AHM 0105215) ADJ3181972 (AHM 0105216)
Regular
Jan 26, 2009

WENDY CROWELL vs. CITY OF SOUTH GATE and ADMINISURE

Reconsideration granted and decision rescinded; applicant not a QIW and not entitled to VRMA.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance Allowance (VRMA)Qualified Injured Worker (QIW)Job AnalysisQME reportP&S reportsupplemental reportindustrial injuryspine injuryrecreation leader
References
2
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